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The struggle is real

Stephanie is a BA Criminology graduate of 2019 and was motivated to write this blog through the experience of her own dissertation.

Last year was a very important time for me, during my second year of studying Criminology I began doing a work placement with Race Act 40, which was an oral history project to celebrate 40 years of the Race Relations Act 1974. The interviews that were conducted during my placement allowed me to get a variety of in-depth stories about racial inequalities of Afro-Caribbean migration settlers in the UK. During my time with the Race Act 40 project it became clear to me that the people who had volunteered their stories had witnessed a long line of injustices from not only individuals within society, but also institutions that makeup the ‘moral fabric’ within society. When exploring whether they have seen changes post and pre-Race Relations they insisted that although the individual within society treated them better and accepted them post-Race relations, to an extent there is a long way to go to improve the hostile relationships that has been formed with politicians and police.

The notion of hostility between politicians and the Afro-Caribbean community was reinforced, as the UK was going through the Windrush scandal which affected the core of every Afro-Caribbean household within the UK. This was extremely important for me as both paternal and maternal grandparents were first generation Windrush settlers. During the scandal my father became extremely anxious and the ramifications of the Windrush scandal hit home when some of his friends that came to the UK in 1961, the same time as he did, were detained and deported on the grounds of them being ‘illegals’. The UK Government used their ‘Hostile Environment’ policy to reintroduce Section 3 paragraph 8 of the Immigration Act 1971, which puts burden of proof on anyone that is challenged about their legal status in the UK’.

The UK government was ‘legally’ able to deport Caribbean settlers, as many of them did not have a British passport and could not prove their legal right to be in the UK and the Home Office could not help them prove their legal rights because all archival documents had been destroyed. This was a hard pill to swallow, as the United Kingdom documents and preserves all areas of history yet, overnight, the memory of my family’s journey to the UK was removed from the National Archives, without any explanation or reasoning. The anxiety that my father felt quickly spread over my whole family and while I wanted to scream and kick down doors demanding answers, I used my family’s history and the experiences of other Black people under British colonial rule as the basis for my dissertation. The hostility that they faced stepping off the Windrush echoed similar hostility they were facing in 2018, the fact that the British government had started deporting people who were invited into the country as commonwealth workers to build a country that had been torn apart as a corollary of war was a slap in the face.

Under Winston Churchill’s government, officials were employed to research Black communities to prove they were disproportionately criminal as a strategy to legally remove them from the UK and although they did not have any evidence to prove this notion the government did not apologize for the distasteful and racist treatment they demonstrated. It is hard to convince Black people in 2019 that they are not targets of poor similar treatment when they have been criminalised again and documents have been destroyed to exonerate them from criminality.

A final thought:

I have outlined the reasons why this topic has been important to me and my advice to any Criminology student who is going to be writing a dissertation is, to find a topic that is important and relevant to you, if you are passionate about a topic it will shine through in your research.

We Want Equality! When do we want it?

Defend_equality_poster_cropped

I’ve been thinking a lot about equality recently. It is a concept bandied around all the time and after all who wouldn’t want equal life opportunities, equal status, equal justice? Whether we’re talking about gender, race, sexual orientation, disability, age, marital status. religion, sex or maternity (all protected characteristics under the Equality Act, 2010) the focus is apparently on achieving equality. But equal to what? If we’re looking for equivalence, how as a society do we decide a baseline upon which we can measure equality? Furthermore, do we all really want equality, whatever that might turn out to be?

Arguably, the creation of the ‘Welfare State’ post-WWII is one of the most concerted attempts (in the UK, at least) to lay foundations for equality.[1] The ambition of Beveridge’s (1942) Report of the Inter-Departmental Committee on Social Insurance and Allied Services was radical and expansive. Here is a clear attempt to address, what Beveridge (1942) defined as the five “Giant Evils” in society; ‘squalor, ignorance, want, idleness, and disease’. These grand plans offer the prospect of levelling the playing field, if these aims could be achieved, there would be a clear step toward ensuring equality for all. Given Beveridge’s (1942) background in economics, the focus is on numerical calculations as to the value of a pension, the cost of NHS treatment and of course, how much members of society need to contribute to maintain this. Whilst this was (and remains, even by twenty-first century standards) a radical move, Beveridge (1942) never confronts the issue of equality explicitly. Instead, he identifies a baseline, the minimum required for a human to have a reasonable quality of life. Of course, arguments continue as to what that minimum might look like in the twenty-first century. Nonetheless, this ground-breaking work means that to some degree, we have what Beveridge (1942) perceived as care ‘from cradle to grave’.

Unfortunately, this discussion does not help with my original question; equal to what? In some instances, this appears easier to answer; for example, adults over the age of 18 have suffrage, the age of sexual consent for adults in the UK is 16. But what about women’s fight for equality, how do we measure this? Equal pay legislation has not resolved the issue, government policy indicates that women disproportionately bear the negative impact of austerity. Likewise, with race equality, whether you look at education, employment or the CJS there is a continuing disproportionate negative impact on minorities. When you consider intersectionality, many of these inequalities are heaped one on top of the other. Would equality be represented by everyone’s life chances being impacted in the same way, regardless of how detrimental we know these conditions are? Would equality mean that others have to lose their privilege, or would they give it up freely?

Unfortunately, despite extensive study, I am no closer to answering these questions. If you have any ideas, let me know.

References

Beveridge, William, (1942), Report of the Inter-Departmental Committee on Social Insurance and Allied Services, (HMSO: London)

The Equality Act, 2010, (London: TSO)

[1] Similar arguments could be made in relation to Roosevelt’s “New Deal” in the USA.

Upskirting: A new criminal offence but will the legislation do the job?

blog 08-18

Upskirting for anyone who has not come across the term is the act of taking unauthorised pictures under a skirt or kilt to capture images of the crotch area and sometimes genitalia. It tends to happen in crowded public places making it difficult to spot when it is happening. The resulting images are often distributed on the internet, usually interlinked with pornographic or fetish sites and present a multitude of moral and legal issues surrounding privacy, decency and consent. In some instances, the victim is identifiable from the image but in many they are not and are often unaware that such images even exist. This type of behaviour is not new but the development of technology, most notably camera phones has facilitated the practice as has the ability to share these images online. In England and Wales there is currently no specific legislation banning such action because voyeurism only covers private spaces and outraging public decency requires a witness. As such, when victims of upskirting come forward there is currently little scope for prosecution although some successful prosecutions have occurred under the offence of outraging public decency.

Gina Martin, a freelance writer and victim of upskirting launched a campaign to get upskirting recognised as a specific crime and punishable under the Sexual Offences Act. This campaign has gained considerable momentum both publicly and politically and in March 2018 the Voyeurism (Offence) Bill was presented to the House of Commons. The bill was blocked by the objections of one MP on the grounds that there had been a ‘lack of debate’ and thus a breach of parliamentary procedure. The backlash to this objection was interesting, rather than acknowledging that this is a serious issue worthy of parliamentary debate a humiliating and somewhat bullying approach was taken in the form of ‘pants bunting’ being hung outside of his Commons office. While I might not agree with some of the past actions of this MP his argument that new laws need to be debated if we (the UK) are to stand up for freedom and democracy is an important one. Upskirting is a serious breach of privacy and decency and therefore needs proper debate if the resulting legislation is going to be more than a knee-jerk reaction to public outrage. Such legislation often results in the need for multiple revisions in order for it to efficiency and effectively tackle such behaviour. For example, the proposed burden of proof in the original bill alongside the limited scope of the bill[1] would likely have limited prosecutions rather than facilitating them. Unfortunately, with just three months between the original bill and the revised Voyeurism (Offences) (No.2)) Bill, which was successfully introduced to the House of Commons in June 2018, the extent to which sufficient informed debate has occurred remains questionable.

[1] See the comments by Clare McGlynn (professor at Durham University) in Sabbagh and Ankel (2018) Call for upskirting bill to include ‘deepfake’ pornography ban. The Guardian [online] Available at: https://www.theguardian.com/world/2018/jun/21/call-for-upskirting-bill-to-include-deepfake-pornography-ban. [Accessed: 17 August 2018].

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